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HomeMy WebLinkAboutDevelopers agreement-2006 .s�.-. Doc No 4334909 12/07/2006 12:00 PM -""k,';., Certified filed and or recorded on above date: - Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 275059 Deputy 37 New cert Cert Fees 1194893 $1.50 AF 1194892 $10.50 STATEFEE $54.00 TDOCFEE $0.00 TSUR $66.00 Total CITY OF ORONO HENNEPIN COUNTY, MINNESOTA DEVELOPER'S AGREEMENT FOR SHERRI LAKEVIEW ESTATES (Name of Development) LOREN R. FRITZ & MARLENE K. FRITZ (Name of Developer) � n � THIS AGREEMENT, made and entered into this 2�� day of TM �tS , 2006, by and between the City of Orono, a municipal corporati n organized under the laws of the State of Minnesota(hereinafter called "City"), and Loren R. Fritz and Marlene K. Fritz, husband and wife, their heirs, successors and assigns, (hereinafter called "Developer"). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a the plat of Sherri Lakeview Estates, the approval of which required certain site improvements including utility services improvements, storm sewer improvements, and site grading and landscaping improvements; and WHEREAS, the City Council has granted approval for such development per the findings and conditions of Resolution No. 5493 adopted August 14, 2006 on the condition that the Developer complies with all recommendations of the City Engineer, which includes entering into this agreement to provide for the installation of improvements hereinafter described on the terms and conditions set forth. Page 1 of 7 Initials of Developer��� Initials of City Clerk_� NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Property Description. This Agreement shall apply only to the following described property located in Hennepin County, Minnesota: Lots 1 Through 5 and Outlots A and B, Sherri Lakeview Estates, Hennepin County, Minnesota (hereinafter the"Property") 2. Improvements. In accordance with the policies and ordinances of the City, the following described public and private improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions hereinafter contained. - Construction of sewer and water service improvements - Construction of storm sewer improvements - Construction of grading and landscaping improvements 3. Construction Plans. Final sets of the following described detailed plans and specifications for the complete installation of the Improvements prepared by Michael J. St. Martin, PE of Loucks Associates shall be submitted by the Developer for the approval of the City prior to the start of construction. The plans and specifications shall conform to all current City standards for all applicable work: ' Sheet C1-1: Existing Conditions Plan Sheet C2-1: Site Plan Sheet C3-1: Grading Plan Sheet C3-2: Storm Water Pollution Prevention Plan (SWPPP) Sheet C4-1: Utility Plan Sheet C6-1: Preliminary Plat Sheet C8-1: Project Details 4. Construction of Improvements A. Commencement Date — The construction of Improvements shall begin no later than June 1, 2007. B. Completion Date — All Improvements shall be completed no later than June l, 2008. Page 2 of 7 Initials of Develope�''�� Initials of City Clerk, r ' C. Contractors — The Developer shall select, retain and supervise the Contractor(s) responsible for the construction of the Improvements. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by City ordinance, the contractor shall first obtain a license from the City. D. Pre-Construction Conference — Prior to the start of any construction, the Developer and the Developer's contractor shall meet with the responsible City official to review construction plans and schedules. E. Permits—Prior to the start of any construction, the Developer's contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. F. Construction — The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. G. Insurance — The Developer will cause each person who constructs and installs any Improvements to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage. 5. Performance Security. For the purposes of assuring to the City that the Improvements will be completed according to the terms of this Agreement, and that the Developer will pay all claims for work done and materials and supplies furnished, the Developer or its general contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable Letter of Credit (LOC) from a local (Twin Cities area) financial institution in a form satisfactory to the City, providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section Four (4) above. Further, if the required Improvements are not completed at least 30 days prior to the expiration of the LOC, the City may also draw on the LOC. If the security is drawn down,the draw shall be used to cure the default. The amount of the LOC shall be 150% of the estimated Improvements cost. The estimated Improvements cost is $108,420.00 per the City Engineer's estimate attached hereto as Exhibit A; therefore, the LOC amount shall be $162,630.00. As substantial elements of the Improvements are completed and approved by the City Engineer, the City will authorize reduction of the LOC in an amount equal to 150% of the cost estimate for that phase of the Improvements deemed completed, but in not case shall the LOC be reduced to a point less than 10% of the original amount until all Improvements are complete and accepted by the City. The LOC Page 3 of 7 Initials of Developer� Initials of City Clerk� ' shall expire no sooner than one year after the completion date specified in Section Four (4)above, to allow for at least one freeze-thaw cycle for settlement. 6. Fees and Expenses. The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals. 7. Resolutions of City. Developer agrees to be bound by the provisions set forth in all resolutions of the City Council approving the Development. 8. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, to be executed by the Developer, shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the subdivision and all recording fees, if any, shall be paid by the Developer. 9. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, their employees or agents, or mailed to the Developer by registered mail at the following addresses: Notice to Citv Notice to Developer City of Orono Loren Fritz Clerk/Administrator 3845 North Shore Drive P.O. Box 66 Mound, MN 55364 Crystal Bay, MN 55323 10. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. 11. Disclaimer by City. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Page 4 of 7 Initials of Developer� Initials of City Clerk �,;��:� � 12. Hold Harmless and Indemnification. The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 13. Remedy for Default. Default by the Developer of any of the terms of this Agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. A. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 4-B. B. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Page 5 of 7 �e� Initials of Developer0�'� Initials of Ciry Clerk �%'��/ IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF ORONO ==::_ . _ ,�. � '�;; _ , ,� �,``} ` � y� - s B�• � �, � A3 1 ��- � '. (Mayor) ;y ,x'�`'+ �n ;r 3 `j, §� . v k `+r '� ..� °Y'�' a., t,. �y , i i l 1,�f �fq�l•i° r`1,.k' y ��. ,� ! � / � 'C.r ; �: x i.*' �� �,,,)k �tJ s B . --���� /� � G._.�—� :1 k ° ��yd t,f1�`�p� �J' �z d y• �,��i� 2r�� 7�1 1�3�rlRr`y+yw�a ,��r�hil�f` (l.+l�l.ile+r�> ',�.� y :�1,�< r Zy4�i; s�f .�x�, a5�!.... < � t.;,,✓ p4C',.i�t�" ♦ �+a t:�- - y�' ',• i��:.•. y�th �t�. r•`' + n ,fig �y�;., 'r r. J M+,.'� ,�I p�t�.I.,r y t''.',� ;;� �� � �. DEVELOPER � �s,�` " '���� By: � �/.�s�� Loren R. Fritz B G��t�-c�i�)r� � Y• �Marlene K. Fritz Reviewed for Administration: / � 2 � � � �� Date: / � By: � (Planning Direct r) By: (City Administrator) This instrument was drafted by: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Page 6 of 7 Initials of Developer� Initials of City C1erk�J a � � � STATE OF MINNESOTA COUNTY OF HENNEPIN S� The foregoing instrument was acknowledged before me on this a� day of �L006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota m 'cipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE �, �, ,, p NOTARY PUBUC-MINNESOTA �—/�-� ��� �+ r�:;,,::.. My Commission Expires Jan.31,2010 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � � The foregoing instrument was acknowledged before me on this�`�day of ,0��� , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,�<,�- RACHELDODGE NOTARY PUBLIC-MINNESOTA �...� ,. /� p ^':;,,;: ~ My Commission Expires Jan.31,2010 � �� �""� �����` Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � This instrument was acknowledged before me this �s day of �-�� , 2006, by Loren R. Fritz, husband of Marlene K Fritz. �� MARK 7.WINTER Notsry Public Minneaota � ��� 312W0 otary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � i This instrument was acknowledged before me this �day of �S'� 2006, by Marlene K. Fritz, wife of Loren R. Fritz. / MARK T:�IHINTER Notery Public ��/� c�,,.,�,��1°°0� 3��o+o otary Publi ' Page 7 of 7 Initials of Developer��s� Initials of City Clerk� , r ��;HIBI'I' A SI'I'E IlVII���VE1�El�TS COS'T ESTIIVIATE 1/13/2006 Plat No. 05-3161 3845 Rlorth Shore Drive Gos# Estimate for Financial Guarante� Services Improvements Units Qty $/Unit Total Mobilization LS 1 $ 1,000.00 $1,000.00 Traffic Control LS 1 $ 800.00 $800.00 Connect to Existing 8"Sanitary Sewer EA 2 $ 525.00 $1,050.00 Connect to Existing Sewer Service EA 1 $ 300.00 $300.00 8"X 4"Wye EA 2 $ 75.00 $150.00 4" PVC, Service Pipe LF 350 $ 10.00 $3,500.00 4"Cleanout EA 4 $ 400.00 $1,600.00 1 inch copper service LF 380 $ 14.00 $5,320.00 1 inch corp EA 3 $ 100.00 $300.00 1 inch curb stop EA 3 $ 130.00 $390.00 Estimated Construction Cost $11,110.00 Storm Sewer Units Qty $lUnit Total 8" Storm Sewer LF 30 $ 18.00 $540.00 12"Storm Sewer LF 210 $ 19.00 $3,990.00 8" FES wltrash guard EA 2 $ 550.00 $1,100.00 12"FES w/trash guard EA 2 $ 650.00 $1,300.00 Estimated Construction Cost $6,930.00 Grading/Landscaping Units C3ty $IUnit Total Grading LS 1 $ 30,000.00 $30,000.00 Retaining Wall SF 1,000 $ 25.00 $25,000.00 Rain Garden � 3 $ 10,460.00 $31,380.00 Landscaping LS 1 $ 1,500.00 $1,500.00 Temp Erosion Control LS 1 $ 2,500.00 $2,500.00 Estimated Construction Cost $90,380.00 Summary Of Improvements Services $11,110.00 Storm Sewer $6,930.00 Grading/ Landscaping $90,380.00 Total Estimate Construction Cost $108,420.00 50% $54,210.00 Total for Financial Guarantee $162,630.00 � �',y7�,'�',?�q 9 8,�� � ,a S�'"� Doc No 4336351 12/12/2006 01:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 276047 Deputy 37 New cert Cert Fees 1194894 $1.50 AF 1194895 $10.50 STATEFEE 1194896 $34.00 TDOCFEE 1194897 $0.00 TSUR 1194898 $2.00 COPY 1194899 $48.00 Total 1194900 1194901 • , � �r"`"�� AN�►pM���R i«�:ES PAND TAJCPAYER SERVICES (�I � c-��1�� �a 1� Tt�AN9F�R ENTERED . yg_ DEC � 1 2006 [maintain 3" top margin] EP� OUNTY MINN. ���1�� '--�-"J-DcPUTY DECLARATION THIS DECLARATION ("Declaratiori') is made this 7th day of June, 2006, by Loren Fritz and Marlene Fritz, [husband and wife] ("Declarant"). RECITALS WHEREAS, Declarant is the owner of real property within the City of Orono, Hennepin County, Minnesota, platted and legally described as: � Lots 1, 2, 3, 4 & 5 and Outlots A & B,Sherri Lakeview Estates (the "Property") and no one other than Declarant, [name additional parties executing declaration of Consent and Subordination], has any right, title or interest in the Property; and WHEREAS, the Property constitutes the entirety of the land to which Minnehaha Creek Watershed District Permit # 60 1Y3 applies; and WHEREAS, Declarant desires to subject the Property to certain conditions and restrictions imposed by the Minnehaha Creek Watershed District as a condition to issuance of their Permit #�+6-1 for the mutual benefit of the owners of the Property. NOW,THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration shall constitute convenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used , occupied, and conveyed subject to the convenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives, and assigns. 1. Wetland Buffer. The wetland buffer, measuring 16.5 feet in width at all points surrounding the wetlands as delineated on the site plan for the Property attached hereto and incorporated herein as Attachment A, shall be maintained by Declarant in perpetuity free from mowing or other vegetative disturbance,fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the buffer in protecting the quality of water in the wetland or buffering flows into the wetland. 2. Street Sweeping. All streets and public ways within the Property shall be swept at least twice each year, in the spring following snowmelt and in the fall after leaf fall. 3. Stormwater Facility Maintenance. The terms of Attachment B, incorporated herein, shall apply to the stormwater management facilities indicated on Attachment A, identified as follows: �'�,� G�-�,���s- -��1,�6#� n--�.,utiiz,�iG9� 4. Swales and Pervious Areas. The naturally vegetated swales, varying in width and shown to scale on the site plan for the property attached hereto and incorporated herein as Attachment A, shall be maintained by Declarant in perpetuity free from mowing or other vegetative disturbance,fertilizer application, yard or other waste disposal, the placement of structures or any other alteration that impedes the function of the vegetated swale as a buffer in increasing water quality of water flowing through this area. 5. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: DEr� c� A. PFROMM `�����1 ���. � NOTA�: .�.IC•MINNE$O�TA .,.._� �,� MY i:OMMISSIOM ` EXPIRES JAN.s�,zo t t By:�--�;�� -� � . [name and representative c c' y, if �� �. (��jf�--- applicable] STATE OF MINNESOTA) )ss. COUNTY OF_��' l � � 2 The foregoing instrument was acknowledged before me this�day of J (.,l.t'LQ J , 200�by L o��n �ri�Z � Notary Public This Instrument Was Drafted By: �� 11�- ���c- ��2�?i�,L �j(�Gt���e� Q�'u�Fc� � ��o� � � �31�� /�� 1,�.�,�►-�-� m � s s-�� � 3 FRITZ ADDITION DECLAR.ATION AND MAINTENANCE AGREEMENT APPENDIX A . ATTACHMENT B STORMWATER FACILITY MAINTENANCE These terms apply to the stormwater facilities constructed pursuant to Minnehaha Creek Watershed District permit application number 06-143. WHEREAS, application has been made for a permit from the MCWD pursuant to MCWD Rule N, Stormwater Management; and WHEREAS,the property that is the subject of the permit is legally described in the Declaration into which this Attachment is incorporated, and the facilities on the property to which these maintenance requirements apply are as follows: Lots 1, 2, 3, 4, & 5, Block 1, and Outlots A&B, Sherri Lakeview Estates WHEREAS, MCWD Rule N provides that a maintenance agreement shall be submitted for stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures and all other stormwater facilities, and that the maintenance agreement shall specify methods, schedule and responsible parties for maintenance and must include at a minimum,the elements contained in the District's Maintenance Agreement Form. NOW, THEREFORE: 1. The property owner shall inspect the stormwater retention and treatment basin(s) at a minimum of once a year to determine if the basin's retention and treatment characteristics are adequate. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by '/z of its original design volume. Based on this inspection, if the stormwater basin(s)is identified for sediment cleanout, the property owner shall restore the basin(s)to its original design contours within one year of the inspection date. 2. The property owner shall inspect the grit chambers, sump catch basins, sump manholes, outlet structures, culverts, outfall structures or other stormwater facilities for the project in the spring and fall of each year. The property owner shall remove all sediment and debris during the inspections such that the stormwater facilities operate as designed and permitted. 3. Rain gardens must be kept clean of excess sediment and debris. Healthy plant growth must be maintained in the rain gardens by removing dead vegetation in the spring of each year. 4. Violation of the inspection and/or maintenance provisions of this Agreement is a violation of the MCWD permit for the project for which the MCWD may take action against the property owner. 5. "Property owner" as used in this Attachment means the owner of the property on which is located the stormwater facility to which the obligations herein apply. Attachment B to Form Declaration f'� � 31 f�� ! �` F g U �S �2� w � ' I � � � o t;.�" � � �9 ; :.;�• r1� � �� ��'' � � i I� a � ` j' � �'�►� Ep��I I I I I I ��► �6 �a�l l l l l l � : � 4�s ■ �..� ♦ ��'���I��Ilill�!il e= . � � ���1 Ii�1tI1I!� 1 �t tt,��� g � ��e _ � ���Nl�i� �����f�IIUI��IILi��ll���f p�� � ��� � � :_::�:� ,.��� -.. ...,..,�.....,,.,.,Ilflf lilli►f!I ��� �°��' ��� �__�— ----- ---_'= _ ___� ��d ����� �� , � .� � — --- ��� �§��� ���� io � � sr as �'� roa) �---- � ��� ����� � ---- � 4� ------------ � ��� ������ i� ; � ��.�..�. i� � t � ' _ �� � ' � , � � w ' i i� � FBLO e —p,� t ,�., ; ;i '�i � � t� ;'��� {{ ,�I r � � I� r ��1�� �� ���I ��i�f���r l�f �P:��! � �( � � ���'�� � ��f� �����il�l�;;� :�n�c, .� � ; � i ��� r i`�i! }� i.ri�� i}���T;����; �Gno� ; �r'��s����,���`�iij'il{i�i elifi�il � � � ���a��t��,ri���,s.�i;:,l�! , . . , . . . . . .. . ; . R , � d � � � � , � � � � � � s _ o� i � � i i'� � � � i � � ' �� � � � �t�.�`— . � , �\ �� � " � � ��� @�.,�� , i � ' � � � � � ;�� � 'i 1 1 " � pE I � � t , i � � , , � � ,5� � � ;/� � � �d � ��E 1 , !Vf J 1 i�r j ��' � I� � �f � / , , , � ; 1 ; !j� � � � - , , � ' ---- � . i ' ' l7r,,i�p�qy� --------1 1 I i j j ac:ir; r,,;a j 1 � � . .., � � i 1 I I Mail after recording to: CitiMortgage, Inc. Atm: Kim Wright: H-004-N10 699 Walnut Street Des Moines,IA 50309 CONSENT AND SUBORDINATION Loan No. 0008408666 Min No. 100026900100697902 MERS Phone: 1-888-679-6377 The undersigned, Mortgage Electronic Registration Systems, Inc., A Delaware Corporation (solely as nominee for Lender and Lender's successors and assigns), mortgagee of lender in that certain Mortgage dated May 28, 2004, and filed in the Office of the Registrar of Titles Hennepin County on August 27, 2004, as Document No. 4009018, hereby consents to the recording of the attached Declaration and agrees that its rights in the property affected by the Declaration shall be subordinated thereto. IN WITNESS WHEREOF, this instrument is signed this�day of December 2006 and the seal of said Corporation is hereto affixed. o,`�G1REG►sdT��0�0j�i Mortga ElecAtro ' Re istration Systems,Inc. �� O��0a�s:• m � �� �,�/' � �V��(J��Po��T����J�'. BY' u' � —+: S�I�L ;U' � Gail Ramberg, Assistant Secretary � W� 1 995 "� ' � c� . ;n, � . � 6�'•��LAW P�,o'��s '�6��......•°��,� CitiMortgage, I�c�., Successor in interest by merger to �rn��� Princip�l R�sidential Mortgage,Inc. ������A��1�► : t \ �'� �.`� _ ---..... `., l � ` �/.��-�PP�NATF BY� ' � S�l -4O f� ShelTey•;��ommer,Vice President �� , � � ; ��;� / ��g ` State of Iowa, County of Polk,ss. - � On this l� day of� ( LC�rn� r 2006, before me, a notary public in and for said county, personally appeared Gail Ramberg AND Shelley Hommer, Assistant Secretary AND Vice President, to me personally lrnown to be the identical person whose name is subscribed to the foregoing Consent and Subordination as an officer for the grantor herein named, who being by me duly sworn did say that they are the Assistant Secretary of Mortgage Electronic Mortgage Systems Inc., AND CitiMortgage, Inc., Successor in interest by merger to Principal Residential Mortgage, Inc., a Corporation, and that the seal affixed to the said Consent and Subordination is the seal of said Corporation, and that said instrument was signed and sealed on behalf of the said Corporation by authority of its Board of Directors, and said Assistant Secretary aclrnowledged the execution of said instrument to be the voluntary act and deed of said Corporation. . � �; �"',���'r��'�r�>. t+wt4��y�1j9 i do�(7)�'i�.; '.�yw1�`"4�,�?� o ♦s ew t��' } � :. "����� ���, f � �� .,' ' N�rYJ .`.��Y.t � Notary Public in an fo o k County, Iowa' �-� ,,,,� ,.r e�� +�� µ�� o � �,a�ts PEN A. LEARY - �,� a�h .� ,� r�'a � f 7 S`�' :u�" Y ,;� Commission Number 11�653 '�f� '�;�',��r t ;, _ My Cumm�ss�on Ex ires _ � <. -�`� Sn .� � .Mk,p :� ��" r+�._ , . ,•�j•,,>.